Office of the Revisor of Statutes
SF 376
Introduction - 94th Legislature (2025 - 2026)
Posted on 01/28/2025 12:58 p.m.
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A bill for an act
relating to consumer safety; modifying requirements for products containing lead
or cadmium; prohibiting sale of menstrual products containing arsenic or chemicals
of high concern; requiring certain labeling and testing for menstrual products;
requiring rulemaking; amending Minnesota Statutes 2024, section 325E.3892,
subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter
325E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 325E.3892, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of this section, "covered product" means any
of the following products or product components:
(1) jewelry;
(2) toys;
(3) cosmetics and personal care products;
(4) puzzles, board games, card games, and similar games;
(5) play sets and play structures;
(6) outdoor games;
(7) school supplies;
(8) pots and pans;
(9) cups, bowls, and other food containers;
(10) craft supplies and jewelry-making supplies;
(11) chalk, crayons, paints, and other art supplies;
(12) fidget spinners;
(13) costumes, costume accessories, and children's and seasonal party supplies;
(14) keys, key chains, and key rings; deleted text begin and
deleted text end
(15) clothing, footwear, headwear, and accessoriesnew text begin ; and
new text end
new text begin (16) menstrual productsnew text end .
Sec. 2.
Minnesota Statutes 2024, section 325E.3892, subdivision 2, is amended to read:
Subd. 2.
Prohibitionnew text begin ; additional product categoriesnew text end .
(a) A person must not import,
manufacture, sell, hold for sale, or distribute or offer for use in this state any covered product
containing:
(1) lead at more than 0.009 percent by total weight (90 parts per million); or
(2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
(b) This section does not apply to covered products containing lead or cadmium, or both,
when regulation is preempted by federal law.
new text begin
(c) The commissioner of the Pollution Control Agency may by rule identify additional
products by category or use that may not be sold, offered for sale, or distributed for sale in
this state if they contain lead and may designate effective dates. A prohibition adopted under
this paragraph must be effective no earlier than January 1, 2027, and no later than January
1, 2032. The commissioner must prioritize prohibiting sale of product categories that, in
the commissioner's judgment, are most likely to contaminate or harm the state's environment
and natural resources if they contain lead. The 18-month time limit under section 14.125
does not apply to rulemaking authority under this paragraph.
new text end
Sec. 3.
new text begin
[325E.3893] ARSENIC AND CHEMICALS OF HIGH CONCERN IN
CONSUMER PRODUCTS; MENSTRUAL PRODUCTS.
new text end
new text begin Subdivision 1. new text end
new text begin Prohibition; additional product categories. new text end
new text begin
(a) A person must not
import, manufacture, sell, hold for sale, or distribute or offer for use in this state any
menstrual products containing:
new text end
new text begin
(1) arsenic; or
new text end
new text begin
(2) chemicals of high concern as defined in section 116.9401.
new text end
new text begin
(b) A manufacturer must notify any person who sells or offers for sale a menstrual
product prohibited under this section or section 325E.3892 that the sale of that product is
prohibited in the state and must provide the commissioner of commerce or attorney general
with a list of the names and addresses of those notified.
new text end
new text begin
(c) The commissioner of commerce may notify any person who sells or offers for sale
a menstrual product prohibited under this section or section 325E.3892 that the sale of that
product is prohibited in the state.
new text end
new text begin
(d) This section does not apply to products containing arsenic or chemicals of high
concern, or both, when regulation is preempted by federal law.
new text end
new text begin
(e) The commissioner of the Pollution Control Agency may by rule identify additional
products by category or use that may not be sold, offered for sale, or distributed for sale in
this state if they contain arsenic or chemicals of high concern and may designate effective
dates. A prohibition adopted under this paragraph must be effective no earlier than January
1, 2027, and no later than January 1, 2032. The commissioner must prioritize prohibiting
the sale of product categories that, in the commissioner's judgment, are most likely to
contaminate or harm the state's environment and natural resources if they contain arsenic
or chemicals of high concern. The 18-month time limit under section 14.125 does not apply
to the rulemaking authority under this paragraph.
new text end
new text begin Subd. 2. new text end
new text begin Enforcement. new text end
new text begin
(a) The commissioners of the Pollution Control Agency,
commerce, and health may coordinate to enforce this section. The commissioner of the
Pollution Control Agency or commerce may, with the attorney general, enforce any federal
restrictions on the sale of products containing arsenic or any chemical of high concern as
allowed under federal law. The commissioner of the Pollution Control Agency may enforce
this section under sections 115.071 and 116.072. The commissioner of commerce may
enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and
325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
new text end
new text begin
(b) When requested by the commissioner of the Pollution Control Agency, the
commissioner of commerce, or the attorney general, a person must furnish to the
commissioner or attorney general any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.
new text end
Sec. 4.
new text begin
[325E.3894] MENSTRUAL PRODUCT LABELING AND TESTING.
new text end
new text begin Subdivision 1. new text end
new text begin Labeling requirement. new text end
new text begin
A manufacturer of a menstrual product sold,
offered for sale, or distributed in the state that contains intentionally added synthetic
ingredients must disclose on the label the synthetic ingredients contained in the menstrual
product.
new text end
new text begin Subd. 2. new text end
new text begin Menstrual product testing and certificate of compliance. new text end
new text begin
(a) If the
commissioner of the Pollution Control Agency, the commissioner of commerce, or the
commissioner of health has reason to believe that a menstrual product contains lead in
violation of section 325E.3892, arsenic, or any chemical of high concern and the menstrual
product is being offered for sale in the state, the commissioner may direct the manufacturer
of menstrual products to provide the commissioner with test results within 30 days of the
request.
new text end
new text begin
(b) If the menstrual product does not contain lead in violation of section 325E.3892,
arsenic, or any chemical of high concern, the manufacturer must provide the commissioner
with:
new text end
new text begin
(1) the test results demonstrating the absence of lead in violation of section 325E.3892,
arsenic, or a chemical of high concern;
new text end
new text begin
(2) a certificate attesting that the menstrual product does not contain lead in violation
of section 325E.3892, arsenic, or a chemical of high concern; and
new text end
new text begin
(3) any other relevant information.
new text end
new text begin
(c) If the menstrual product contains lead in violation of section 325E.3892, arsenic, or
a chemical of high concern, the manufacturer must provide the commissioner with test
results that show the amount of each chemical in the menstrual product, identified by its
Chemical Abstract Service Registry number and reported as an exact quantity determined
using commercially available analytical methods or as falling within a range approved for
reporting purposes by the commissioner or attorney general.
new text end
new text begin
(d) The commissioner may extend the deadline for a manufacturer to submit the
information required under this subdivision if the commissioner determines that more time
is needed by the manufacturer to comply with the submission requirement.
new text end
new text begin Subd. 3. new text end
new text begin Enforcement. new text end
new text begin
(a) The commissioners of the Pollution Control Agency,
commerce, and health may coordinate to enforce this section. The commissioner of the
Pollution Control Agency or commerce may, with the attorney general, enforce any federal
restrictions on the sale of products containing arsenic or any chemical of high concern as
allowed under federal law. The commissioner of the Pollution Control Agency may enforce
this section under sections 115.071 and 116.072. The commissioner of commerce may
enforce this section under sections 45.027, subdivisions 1 to 6; 325F.10 to 325F.12; and
325F.14 to 325F.16. The attorney general may enforce this section under section 8.31.
new text end
new text begin
(b) When requested by the commissioner of the Pollution Control Agency, the
commissioner of commerce, or the attorney general, a person must furnish to the
commissioner or attorney general any information that the person may have or may
reasonably obtain that is relevant to show compliance with this section.
new text end
new text begin Subd. 4. new text end
new text begin Fees. new text end
new text begin
Notwithstanding section 16A.1283, the commissioners of the Pollution
Control Agency, commerce, and health may establish by rule a fee payable by a manufacturer
to the commissioner upon submission of the information required under subdivision 2 to
cover the agencies' reasonable costs to implement this section.
new text end
new text begin Subd. 5. new text end
new text begin Rules. new text end
new text begin
The commissioners of the Pollution Control Agency, commerce, and
health must adopt joint rules necessary to implement this section. The 18-month time limit
under section 14.125 does not apply to rulemaking authority under this section.
new text end